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A Certificate of Entitlement endorsed in the passports of those with the right of abode in the United Kingdom who do not possess or are ineligible for a British Citizen passport. The right of abode (ROA) is an immigration status in the United Kingdom that gives a person the unrestricted right to enter and live in the UK. [1]
The right of abode is an individual's freedom from immigration control in a particular country.A person who has the right of abode in a country does not need permission from the government to enter the country and can live and work there without restriction, and is immune from removal and deportation (unless the right of abode has been revoked).
Before the Act was passed, citizens of Commonwealth countries had extensive rights to migrate to the UK.For instance, in the sparsely populated frontier area of San Tin in Hong Kong, 85–90 percent of the able-bodied males left for the United Kingdom between 1955 and 1962 to work in British factories, foundries, railways, buses, hotels, and restaurants.
Apart from the five-year residence qualification, the right to live in the UK and to enter free from immigration control was determined by birth or parentage, not by nationality. On the same day that the new Act came into force, 1 January 1973, the UK entered the European Economic Community (EEC).
Chinese nationals with territorial right of abode are eligible to hold Macao Special Administrative Region passports, stand for office in the Legislative Assembly, and can serve as principal officials of the government. Those who additionally do not possess right of abode in foreign countries are eligible for election as Chief Executive. [8]
The British and Chinese governments entered negotiations over the future of Hong Kong in the early 1980s and agreed on the Sino-British Joint Declaration in 1984. [13] The basic principles for the right of abode are set as part of this treaty [14] and further defined in the Hong Kong Basic Law, [15] which encompass the right to land with the added entitlement that a bearer cannot be deported.
The right of abode on 31 December 1982 was necessary to become a British citizen on 1 January 1983 under the automatic transition at commencement of CUKC provisions of the British Nationality Act 1981, so failing to meet the interpretation of the right of abode test above resulted in no British citizenship through that route. [4] [5]
They are born to a father or mother who was born in Pitcairn and had the right of abode in Pitcairn at the time of birth. (s.2(3)) A child, stepchild or a legally adopted child of a person who has a 'right of abode in Pitcairn' will also have a 'right of abode' whilst they remain under the age of eighteen years (s.2(6)).